Practice Areas

Neurological Injuries

New York Attorney for Neurological Injuries

The neurological system of the human body is an extremely intricate set of nerves, tissue, organs, bones, fluids, and other components, working together to allow communication between various parts of the body that, when left uninjured and undamaged, efficiently performs automatic functions (like breathing and eyelid blinking) as well as discretionary responses (such as talking, dancing, or holding a pencil).

The Neurological System Acts as the Body’s Internal Communicator

It is through the interworking of the neurological system that the five main senses (sight, sound, touch, taste, and hearing) enable the individual to gather information about the external environment in which he resides, as well as the internal processes occurring within the body itself. For example, it is through the sensory signals communicating through the nervous system, taking messages from fingers, skin, eyes, ears, nose, and mouth, along the nerves to the cerebral cortex that allow the individual to see, hear, smell, taste, and feel.

Likewise, it is through the neurological system that a wide variety of somatic and automatic nerve function occurs, where not only are all voluntary and conscious muscle control occurs but additionally sympathetic and parasympathetic responses result in such involuntary actions as the “fight or flight” physiological reactions (increased heart rate, sweating) and the most basic cell and organ functioning such as the digestion of food and regulating the level of carbon dioxide in the body.

Accordingly, the neurological system must function in order for a human to live. Disease or damage to any neurological component can have catastrophic results.

The neurological system is composed of two main parts: the central nervous system and the peripheral nervous system. Its most critical components – and those most vulnerable to injury and disease – are the brain and the spinal cord, which together make up the central nervous system (CNS).

The Brain.

The human brain processes information and dispenses commands to the body. The sensory signals it receives from sight, sound, smell, hearing, and touch, are interpreted and used to control somatic and automatic nerve function as well as processing thought and emotions, and many other tasks.

The Spinal Cord.

The spinal cord is comprised of bone, tissue, blood, nerves, and fluid. It extends from the brain down the length of the spine, and it is through the spinal cord that electrical impulses pass through its cluster of nerves, transmitting communications from the brain through the remainder of the body.

The peripheral nervous system (PNS) compromises the entire web of nerves that flow communications between the brain and the body, and while the PNS is vulnerable to a variety of diseases and some level of injury, most catastrophic neurological injuries involve the CNS.

Injuries to the Nervous System – Neurological Injuries Can Be Life-Threatening and Devastating

Injuries to the nervous system can be temporary or permanent and they may or may not require surgery as well as long-term hospital and institutional care. The nervous system is delicate as well as complex, and even the slightest jarring of its components can result in serious consequences. For example, the mild headache after a sporting event may mask a serious sporting concussion that can end with permanent injury or death.

The Importance of Immediate Medical Care and the Danger of Neurological Medical Malpractice

It is therefore extremely important not only that those victims of neurological injury have expert medical care as soon as possible, but that they have competent health care at all times. Diagnostic tests should be undertaken quickly, such as Position Emission Tornography (PET), Magnetic Resonance Imaging (MRI), computed axial tomography (CAT or CT scan), and spinal taps. Monitoring of their condition for changes that can reveal bleeding or pressure from swelling must occur by health care experts with knowledge of the most minor symptoms of neurological distress.

Obviously, medical malpractice in the area of neurological injury can have particularly devastating effects upon the victim: errors here often result in wrongful death or permanent disability (including quadriplegia, paraplegia, and permanent brain damage).

Health Care Errors and Medical Malpractice in Neurological Injuries Must Be Addressed

When a victim of neurological injury is compromised or killed by the errors of a doctor, nurse, EMS technician, or hospital technician, then justice requires that those responsible for this life-altering situation answer for their actions. Neurological medical malpractice claims are all too often filed on behalf of young men and women who have had years of productive living stolen from them by medical errors such as:

Failure to treat a spinal cord injury in a timely manner

Failure to treat a brain injury in a timely manner

Failure to treat swelling of the brain after injury

Failure to treat swelling of the brain after surgery

Failure to diagnose brain injury

Failure to diagnose spinal cord injury

Failure to diagnose nerve damage or nerve injury

Failure of nurses, technicians, or EMTs to report neurological conditions to a doctor

Failure to diagnose or treat complications from back surgery such as laminectomies

Errors during the birth of an infant resulting in injury to the brain or spinal column

Hypoxic brain injury (lack of oxygen to the brain).

Have You or a Loved One Suffered a Neurological Injury and become a Victim of Medical Malpractice?

It is important to know whether or not New York law will provide legal remedies for medical errors that have occurred during the treatment of injuries to the nervous system, brain, or spinal cord, and this will require a legal analysis of the particular situation. Even when the medical error is obvious, issues like whether or not the limitations statute imposes a time bar must be explored. Additionally, a medical expert is usually needed to help in the determination of the scope of the medical errors as well as the types of damages available for monetary compensation under New York law.

New York Neurological Medical Malpractice Attorney Mark L. Bodner Can Help

Mark L. Bodner is a New York medical malpractice lawyer with 25 years of experience fighting for the rights of patients and families who have suffered from the medical treatment that they have received after suffering serious injury, including injuries to the nervous system. He has dealt with the impact of neurological injuries to clients and their families, filing claims and lawsuits under New York medical malpractice law for his clients already dealing with the aftermath of permanent harm from medical error in the treatment of neurological injuries such as brain injuries or spinal cord injuries.

If you or someone you love may have suffered from errors in the medical or health care diagnosis or treatment of a brain injury, spinal cord injury or other serious neurological injury, please feel free to call New York Medical Malpractice attorney Mark L. Bodner at 212-486-3000 for your FREE consultation.

December 7, 2007 Verdict against Dr. Thomas Milhorat, Director of Neurosurgery at North Shore University Hospital, and against Dr. Paolo Bolognese of the Chiari Institute of NorthShore University Hospital » Continue Reading